Pedestrian Accidents

An Idaho pedestrian accident can be devastating. An attorney at Racine Olson can help you in these difficult times. Idaho gives broad protections to pedestrians. Accordingly, if you have been injured in a crosswalk, by a car running a red light, or by some other form of driver negligence, contact us. We represent people who have been injured in these types of accident and we want to help you solve the problems that come with this sort of accident.

It is surprising how many pedestrians are injured by negligent drivers. The Center of Disease Control has stated that in 2015 5,376 pedestrians were killed in traffic crashes throughout the United States. This means that a pedestrian dies every 1.6 hours as a result of a traffic accident. This same government agency stated that almost 129,000 pedestrians were treated in emergency rooms for non-fatal crash-related injuries that same year. Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on any given trip. Unfortunately, these numbers just seem to be increasing.

In Idaho fault is determined by the law of negligence. In other words, everyone has a duty to exercise the same care that a reasonable person would. See Idaho Jury Instruction 2.00.3. However, this is not the only law, or standard, that can govern conduct. Where there is a statute or a traffic rule that governs a driver’s behavior or how he or she should act, the violation of that rule conclusively establishes the duty and breach of the driver. Vaughn v. Porter, 140 Idaho 470, 95 P.3d 88 (Ct. App. 2004). This concept is called “negligence per se.” Therefore, when there is an accident in the roadway, it is important to obtain the police report. This oftentimes indicates if the driver received a ticket and can be a great aid in establishing negligence at trial. For instance, if the driver received a ticket and paid it, this is an admission of liability that can be used in trying or settling your case.

Of course, there are times when both the driver and the pedestrian can be found negligent for causing an accident. An example of this is where a pedestrian is jaywalking (not crossing at a crosswalk) and a driver is exceeding the speed limit. This would result in the jury finding both parties negligent.

Idaho follows comparative negligence rules. This means that the jury gets to compare the negligence of the plaintiff against the negligence of the defendant. If the plaintiff is 25% negligent and the defendant is 75% negligent then the plaintiffs award is reduced by 25%. If the plaintiff is 50% negligent and the defendant is 50% negligent then the plaintiff does not recover anything. We want you to recover as much as possible. This means that our strategy will be to reduce any fault assignable to you and increase the amount of fault awarded to the defendant.

It would seem to go without saying that a pedestrian injured in an accident with a motor vehicle is almost certainly to have severe and lasting injuries. People walking in a crosswalk or on a sidewalk have no protection and no place to go. A truck, car, and even a motorcycle have some protection in an accident. A person has no such luxury.

One of these accidents leaves a person with broken bones, traumatic brain injuries, soft tissue injuries, paralysis, and more. There simply is no comparison between that and the injuries of a passenger in a vehicle under the same circumstances. This leaves the innocent pedestrian with mounting medical bills, lost wages, lost earning capacity, and the pain and suffering that goes with these types of serious injuries.

Racine Olson brings a team approach to solving these types of cases. We have attorneys who are seasoned trial lawyers and understand the rules to ensure the very best result. We can help with insurance companies, subrogation claims, medical liens, and settling the case or taking it to trial in a way that pleases you. We are there to help. You will talk to real people who work at the firm. We want to help. Give us a call, and together we will solve the problem. Problem solved.